Integrating Online and Offline Shopping 
By David Hardesty, October 29, 2000 
http://ecommercetax.com/doc/102900.htm

This week, Barnes & Noble, Inc. announced initiatives aimed at integrating
its stores with the Barnes & Noble.com Web site. The goal is to provide a
better shopping experience for customers who want access to products through
multiple channels. For mass retailers, closely linked online/offline
shopping channels is likely to be the way of the future. Internet-only
shopping will be limited to specialty stores. As clicks and mortar stores
become integrated, the "entity isolation" technique, which allows online
vendors to avoid collecting tax, will become less viable.

In an October 26 press release, Barnes & Noble, Inc. announced plans to
integrate its 551 retail stores with the online store, BN.com
<http://www.bn.com>. The most important plans include placing terminals in
each of the stores that allow customers to order directly from BN.com.
Customers will be able to pay for online purchases using cash, checks or
credit cards. They can pick up purchases at a Barnes & Noble store, or can
have purchases delivered directly. Customers will be encouraged to return
unwanted merchandise to local Barnes & Noble stores. Barnes & Noble and
BN.com will jointly participate in a new customer loyalty program. 

The company has already put its new returns policy in place. The headline on
the BN.Com Web site reads "Now...Easy Returns to Stores!" According to the
company's press release, the ability to return purchases to a Barnes & Noble
store is the "No. 1 request from our Internet customers." This policy is
brand new. Until a few days ago the Web site warned online customers not to
return products to local stores. Returns were allowed only by mail.

In the past, Barnes & Noble has kept its online and offline operations
separate. They are owned by separate corporations, and, as indicated by the
previous returns policy, direct linking of the stores was discouraged.

One advantage of operating its physical stores and online store separately
was that the online store could avoid collecting sales tax in most states.
Under a strategy known as "entity isolation," so long as the online and
offline stores were owned by separate corporations, and were operated
separately, the online store did not have to collect sales tax. [1] This
strategy may have been somewhat helpful in competing with companies like
Amazon, Inc., which does not collect tax on most of its sales.

With the addition of in-store terminals, and in-store merchandise pickups
and returns, the entities can no longer be said to be isolated. Does this
mean the online store will have to start collecting sales tax? Yes,
according to the New York Times.[2] However, as of the date of this article,
the BN.Com Web site still reports a policy of collecting tax in only four
states, Tennessee, New Jersey, New York, and Virginia.[3] It is worth
watching the site to see how the company goes forward on the sales tax
issue.

B&N's plans probably represent the future for mass retailers. Customers will
expect sellers to offer many ways to purchase goods and services. Assuming
most mass retailers begin to integrate online and offline stores, and
assuming this integration requires the online stores to collect sales tax,
will this hurt them competitively? Probably not. The ability to interact
with customers both online and offline presents major competitive advantages
not enjoyed by Internet-only retailers. Some of the advantages are
*       In-store merchandise pick-up and return. 
*       The ability to make online purchases with cash (many customers are
still uncomfortable about giving credit card information online). 
*       Reaching customers who do not have Internet access. 
*       Cross promotion of the online and offline stores. 
These natural advantages should be more than enough to offset the fact that
online stores will have to collect tax.

In any case, it seems the Internet-only mass retailer may not be with us for
long. Right now, the big Internet-only retailers exist because of Wall
Street support. Once that support disappears, the stores may disappear as
well.

It may be that in the future only specialty stores will be online-only.
These are stores that depend on a widely dispersed and highly targeted
market. An example of a specialty retailer is Orion Telescopes and
Binoculars.[4] This is a company with only three stores, all in California,
but which sells to customers all over the country. Because it has presence
only in California the company collects sales tax only in that state.[5]

If the clicks and mortar companies begin to fully integrate, along the lines
of Barnes & Noble, and if they all begin collecting sales tax on online
sales, much of the political wrangling involving sales tax will die out. It
is these high profile mass retailers that have earned the ire of state tax
collectors, who fear substantial loss of sales tax revenues, and Main Street
retailers, who complain of unfair competition.

With the mass retailers collecting tax on online sales it will only be the
Orion's that do not collect tax. These retailers are unlikely to be
perceived as a threat to either the states or Main Street. In any case, most
people would agree that to make a specialty retailer like Orion collect tax
in all of the states in which it makes sales would be an unreasonable
burden.

[1] See Hardesty, "California Sales Tax for Clicks and Mortar?"
EcommerceTax.com, 9/3/00, <http://ecommercetax.com/doc/090300.htm> ; and
Hardesty, "No Level Playing Field in California," EcommerceTax.com, 10/8/00,
<http://ecommercetax.com/doc/100800.htm> . 

[2] Kirkpatrick, "Book Chain Takes Steps to Coordinate Online Sales," NY
Times, 10/27/00. 

[3] One 10/29/00 the bn.com Web site stated, "Sales tax is added to all
orders delivered in TN, NJ, NY, and VA based on the appropriate rate of
sales tax in each state. Federal tax is added to all orders delivered in
Canada. We display this tax as GST (Goods and Services Tax)." (
<http://www.barnesandnoble.com/help/po_how_to_buy.asp>?). 

[4] <http://www.telescope.com> . 

[5] On 10/29/00 the Orion Web site indicated that sales tax is collected
only in California. 


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